Jay Johnson v. U.S. Department of the Treasury

Jay Johnson appeals the district court’s dismissal of his title VII employment discrimination action against the United States Department of the Treasury for lack of prosecution.

I

At the time relevant to this appeal, Johnson was employed as a Labor Relations Specialist in the Los Angeles office of the United States Customs Service, an agency within the Treasury Department. On May 18, 1981, the Service announced an opening for a Supervisory Labor Relations Specialist, offered at the “full performance” (GS-13) level, rather than at the GS-12/13 levels. Had the position been announced at the GS-12/13 level, Johnson would have been eligible for the job; however, at the GS-13 level, Johnson did not qualify.

Unable even to apply for the position, Johnson filed an equal employment opportunity complaint with the Treasury Department, alleging that the Customs Service, mindful that Johnson was black, announced the position at the GS-13 level to prevent Johnson from applying for the position. Following an evidentiary hearing, a Complaints Examiner with the Equal Employment Opportunity Commission (“EEOC”) recommended a finding of “no discrimination.” The agency adopted this finding, and…